B.C. Human Rights Commissioner Says Stigmatizing Drug Use is a Violation

British Columbia is grappling with a persistent and devastating toxic drug crisis. In response, B.C.’s Human Rights Commissioner, Kasari Govender, has taken a firm stance, asserting that stigmatizing drug use constitutes a violation of human rights. This declaration arrives amidst ongoing debates surrounding drug policy, decriminalization efforts, and the province’s response to the opioid crisis. With over 16,000 lives lost to toxic drugs since 2016, and a continued average of 5.3 deaths per day as of September 2025, the urgency of the situation demands a critical examination of current approaches.

The Commissioner’s Position: A Human Rights Imperative

Govender’s position statement emphasizes that treating drug use as a moral failing rather than a health issue is a fundamental violation of human rights. She argues that the government’s focus on criminal justice responses and involuntary care, rather than evidence-based harm reduction strategies, is largely driven by stigma. This approach, she contends, not only fails to address the root causes of the crisis but also exacerbates the problem by deterring individuals from seeking help and perpetuating a cycle of marginalization.

Govender draws a parallel between the current opioid crisis and the COVID-19 pandemic, highlighting the disparity in urgency and resources allocated to each. She advocates for a shift towards safer supply and harm reduction measures, asserting that these strategies are proven to reduce deaths and serious harm, even if they may not be politically popular.

The Stigma Surrounding Drug Use: A Barrier to Progress

Stigma remains a significant barrier to addressing the toxic drug crisis effectively. Negative stereotypes and discriminatory attitudes towards people who use drugs contribute to:

Fear and Isolation: Individuals may be reluctant to seek help or treatment for fear of judgment or discrimination.
Lack of Empathy: The perception that there will be a lack of understanding from family, friends, or coworkers can lead to the concealment of substance use.
Insecurity: People who use drugs may face difficulties in finding housing, employment, or social opportunities.
Hostility: Bullying, harassment, and violence are potential consequences of stigma.
Hopelessness: Stigma can foster the belief that recovery is impossible or that the situation cannot be improved.

The B.C. Government’s Response: A Shifting Landscape

The B.C. government’s approach to drug policy has been marked by both progressive initiatives and controversial reversals. In January 2023, the province implemented a three-year pilot project decriminalizing the possession of small amounts (2.5 grams) of certain illicit drugs for personal use. This move was intended to reduce stigma and encourage people to seek help without fear of criminal prosecution.

However, facing mounting public pressure and concerns over public safety, the government backtracked on this policy in April 2024, recriminalizing drug use in public spaces. While personal possession and consumption remain permitted in private residences, shelters, and overdose prevention sites, police are now authorized to seize drugs and make arrests in public areas.

This reversal has drawn criticism from advocacy groups and health professionals, who argue that it will drive people back into the shadows and exacerbate the crisis. Some experts caution that focusing solely on public drug use without addressing the increasingly toxic drug supply will not solve the problem.

Addiction as a Disability: Legal and Ethical Considerations

Under the B.C. Human Rights Code, addiction to alcohol and drugs is recognized as a disability. This means that individuals with substance use disorders are protected from discrimination in areas such as employment, housing, and services. Employers, for example, have a legal obligation to accommodate employees with addiction, up to the point of undue hardship.

This duty to accommodate may include:

Tolerance of repeated absences for treatment
Retraining or reassignment to a different position
Modification of work schedules

However, it’s important to note that the duty to accommodate applies to the disability itself, not the employee’s personal preferences. Employers are expected to make reasonable efforts to support the employee’s recovery and safe return to work, but they are not required to create undue hardship for the business.

Moving Forward: A Call for Compassion and Evidence-Based Solutions

Addressing the toxic drug crisis in B.C. requires a multifaceted approach that prioritizes compassion, evidence-based strategies, and respect for human rights. Key steps include:

Reducing Stigma: Public awareness campaigns and targeted anti-stigma education can help shift public perceptions of drug use as a health issue rather than a moral failing.
Expanding Harm Reduction Services: Increased access to safe supply programs, overdose prevention sites, and drug checking services can save lives and reduce the harms associated with drug use.
Addressing the Toxic Drug Supply: Efforts to regulate and ensure a safer drug supply are crucial to preventing overdose deaths.
Promoting Treatment and Recovery: Accessible and evidence-based treatment options, including medication-assisted treatment and psychosocial support, should be available to all who seek them.
Addressing Social Determinants of Health: Poverty, homelessness, and mental health issues are significant drivers of addiction. Addressing these underlying social determinants is essential for long-term solutions.

The B.C. Human Rights Commissioner’s stance underscores the importance of upholding the rights and dignity of people who use drugs. By embracing compassion, evidence, and human rights principles, British Columbia can move towards a more effective and humane response to the toxic drug crisis.